Practical Examples of Considering Scholarly Differences in Fatwa

In Allah's name: Most Merciful, Compassionate

Praise be to Allah, Lord of the worlds.

And peace and blessings be upon our Prophet, Muhammad, best of messengers.

And upon his family and Companions, and those who

follow his guidance and walk in his footsteps till Judgment Day.

Since I will skip thanks and move into this paper's sections.

This paper has an introduction and five applications.

In the introduction, I referred to the conditions, or what is intended.

And I summarize what the esteemed scholars graciously stated.

That taking disagreement into account has three meanings.

The first meaning is ease.

The easier view in disagreement.

Meaning that a scholar issues a fatwa with the easier view he does not prefer.

And that is the well-known Maliki way of considering disagreement.

And that is what is meant in this seminar.

The second meaning is taking differing views into account.

by adopting the stricter view.

that the scholar issues a fatwa according to a view.

The stricter, safer view which he does not prefer.

And that is precisely the principle of avoiding disagreement.

And the maxim: "Avoiding disagreement is recommended."

And this is a maxim among scholars.

And there is a difference between considering and avoiding disagreement.

And the third meaning in this title.

Taking differing opinions into account through both proofs' entailments.

This is the well-known term in fiqh maxims: "applying both principles."

Conditions for fatwa with regard to disagreement.

In general: the disagreement must be strong.

And considering it should not lead to breaking consensus or forbidden talfiq.

And considering it should not cause another disagreement.

And that the one considering disagreement not abandon his madhhab entirely.

And that it should not lead to a prohibited act

by leaving an established Sunnah or doing something disliked.

And that such consideration be after the issue has occurred.

The honored scholars have already pointed to such meanings.

Guidelines for ifta with due regard to differing views.

Some researchers summed them up in five rules. Only a mujtahid may do so.

And that such consideration remain contrary to the basic rule.

so the exception

does not become the rule, for it is only an exception.

And that regard for disagreement does not apply to every dispute.

And regard for disagreement applies to fatwas.

Not for the mujtahid's own practice.

And that considering disagreement should achieve the objectives of Sharia.

As for the applications, the first one.

I was keen that the applications relate to Hajj, 'umrah, and Haramain.

The first application.

Scholars differed over whether Hajj must be done at once or delayed.

The majority of scholars said that Hajj is due immediately.

So whoever became obligated to perform Hajj and had the means.

Then he is sinful for delaying it.

If he performs it after that, even years later.

it is counted as performance, not make-up, and the sin is lifted.

And this is the view of Imam Malik, Imam Ahmad, Abu Hanifah, and others.

The other view.

is that it need not be immediate.

Considering the disagreement in this issue.

Shaykh Muhammad al-Amin al-Shinqiti says.

While marshaling the evidence for Hajj's immediate obligation, he said, verbatim.

They replied to their claim that whoever could perform Hajj.

then delayed it, then did it, is not rejected.

His testimony in the period between delaying it and performing it.

Even if the delay had been forbidden.

His testimony would be rejected for committing what is not permitted.

He says—and his words are: "Here one may refrain from ruling."

The shaykh says: refrain from judging him sinful, out of regard for the dispute.

Out of regard for the view that he committed nothing unlawful.

And the arguable proofs they cited for it

by those who allow delay.

So here the shaykh considered the dispute and did not deem sinful

the one who left Hajj while able and deliberate. The second application.

The multiplied reward for prayer in all the mosques of the Haram.

Without restricting it to the Ka'bah Mosque.

So this is a disputed issue.

Scholars differed over whether the multiplied reward for prayer in

the Sacred Mosque extends to all the Haram mosques, or is

limited to the Ka'bah Mosque These are the two views.

As for the multiplication being general, it includes all Haram mosques.

This is the view of the Hanafis the Shafi'is, and one Hanbali view.

Ibn al-Qayyim preferred it and the Permanent Committee ruled so.

And our shaykh's choice.

Shaykh Ibn Baz RH.

The second view: multiplied reward is only for the Kaaba Mosque, not all.

the Haram's mosques. This is the Hanbali madhhab.

And a view among the Shafi'is.

It was chosen by some shaykhs, including Shaykh Ibn 'Uthaymin RH.

And some contemporaries hold this.

So, given the disagreement.

It is that the mujtahid who favors limiting it to the Kaaba Mosque.

He refers to the fatwa of one who sees it as general.

They hold the first view, the view of most scholars.

This is to ease crowding and give pilgrims and Umrah-goers leeway.

Third application:

Standing at Arafah at night, not by day, on Muzdalifah night.

To ease the crowding. Of course, most of these examples are new issues.

In reducing crowding.

Scholars unanimously agreed that standing at Arafah at night is valid.

per 'Urwah ibn Mudar al-Suda'i's hadith,

"Even if he did not stand by day."

The disputed issue is this: Scholars differed.

As for one who deliberately missed the daytime standing without excuse:

does he owe a sacrifice or not?

The first view is that he owes a sacrifice. This is the Maliki madhhab.

And the majority of scholars hold that nothing is required of him.

And this is the view of most Hanafis, Shafi'is, and Hanbalis.

Considering the disagreement here.

That is to adopt the majority view.

which permits it without requiring a sacrifice, due to severe crowding.

In Arafah, perhaps the authorities saw fit

to stagger the pilgrims. Some groups may arrive after sunset.

Thus, considering disagreement here means adopting this majority view.

Fourth application:

Going early to Arafah on Tarwiyah Day or the night before the ninth.

And many Hajj groups do this.

The scholars unanimously agreed that staying in Mina on night 9 is Sunnah.

Whoever omits it, nothing is due.

And that the Sunnah is going to Arafah after sunrise

On the ninth day.

And the disputed issue is also a crowding-related one.

Is crowding considered a valid excuse to go against the Sunnah?

Going to Arafah on the eighth day or the ninth night?

Scholars discussed this issue before the crowding crisis.

Two views. First: going early is disliked, against the agreed-upon Sunnah.

This is the majority view.

The second view allows it when crowding or danger is feared.

Some early scholars stated this plainly.

And a number of contemporary scholars have chosen it.

In this issue, considering differing views means adopting the second view.

That is, pilgrims may proceed and be sent in groups to the sacred site.

Arafah without dislike, because of severe crowding on the road

if they all set out for Arafah at once.

The fifth application— perhaps I'll end with it.

The ruling on staying overnight in Muzdalifah, its duration and time.

Scholars differed on the ruling of staying overnight: three views.

Some said it is a pillar; others said it is

It is obligatory; that is the view of most scholars. Some say it is Sunnah.

Under the obligatory view, they agreed on the required stay.

That it is what counts as standing: such as a moment and the like, or passage.

And the like. But they differed over when this duty is performed.

As for its beginning and end, there were four opinions.

The first view: from nightfall to dawn; the Maliki madhhab.

And the Malikis do not consider staying after dawn valid.

The second view is that it is from midnight till dawn on Sacrifice Day.

The Shafi'i view.

And the Hanbalis.

The third view is that it is from dawn on the Day of Sacrifice till sunrise.

The Hanafi view.

The fourth view is that it is from midnight until sunrise.

A view among Malikis and Shafi'is.

Ibn Taymiyyah preferred it. To account for differing views here

These views may also be combined.

For those who deem the stay at Muzdalifah obligatory, broadening it.

And that it begin at sunset on the Day of Arafah.

until sunrise on the Day of Sacrifice, while allowing

those with excuses to limit it to the minimum required.

And it is disliked for others.

And waiving the penalty for the excused

for omitting Muzdalifah stay. Some contemporaries chose this.

Of course, whoever deems it recommended.

Staying overnight in Arafah— I mean, in Muzdalifah.

Uh, this does not fall within this difference of opinion.

A fatwa from Egypt's Dar al-Ifta' suggests this dispute was considered.

And that is stated explicitly in the fatwa.

The ruling given in these times of large pilgrim crowds

is that the overnight stay

at Muzdalifah is Sunnah

And it is sufficient for one seeking the overnight stay.

One need only remain there to set down baggage and combine

Maghrib and Isha.

This is what I could compile.

Praise be to Allah, first and last, outwardly and inwardly.

May Allah bless our Prophet and grant him peace.

Muhammad. I thank the esteemed scholars and the session chair for patience.

Allah knows and judges best.

[Birds chirping].